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Bombay High Court

RAOSAHEB ALIAS RAJENDRA DEVISING SHEKHAWATversusVijay Govindrao Nagpure

Disposal
DISPOSED OFF

Holding

The Court dispensed with the requirement of personal presence of respondents No.1 to 3, subject to any further direction.

Summary

The Court had earlier ordered that respondents No.1 to 3 must appear personally before it on 29 August 2026. The respondents' counsel informed the Court that he could not attend because a close relative had died on 28 August 2026, and that a reply had already been filed. The Court considered whether personal presence was mandatory despite the counsel's inability due to bereavement. It held that, in view of the circumstances, the requirement of personal presence could be waived unless the Court later directs otherwise. Consequently, the civil applications were disposed of, and the petitions were listed for further hearing on 6 October 2026.

Issues considered

  • Whether a party or its counsel must be personally present before the Court despite a personal bereavement.

Subjects

  • personal presence
  • court order
  • bereavement
  • procedural law
  • civil applications

Judgment

2026:BHC-AUG:42111


                                                            1                              963 & 964.odt


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                           BENCH AT AURANGABAD
                                      CIVIL APPLICATION NO. 10614 OF 2026
                                                 IN CP/745/2025
                                   Raosaheb Alias Rajendra Devisingh Shekhwat
                                                    VERSUS
                                           Chandrakant Ramdas Joshi
                                                      AND
                                      CIVIL APPLICATION NO. 10615 OF 2026
                                                 IN CP/848/2025
                                   Raosaheb Alias Rajendra Devising Shekhawat
                                                     VERSUS
                                            Vijay Govindrao Nagpure
                                                        ...
                                    Advocate for Applicant : Mr. Parag V. Barde,
                                     Advocate for Respondent : Mr. A.R. Syed
                                                        ...
                                                    CORAM : ROHIT W. JOSHI, J.
                                                    DATED : SEPTEMBER 11, 2026
                      P.C.:

                      1.       By order dated 29.08.2026, respondent nos.1 to 3 were
                      directed to remain personally present before the Court.

                      2.       Learned advocate for respondent nos.1 to 3 states that he
                      could not remain present before the Court during the course of hearing
                      on 29.08.2026 due to demise of a near relative on 28.08.2026. Learned
                      advocate states that the reply is already filed by respondent nos.1 to 3.

                      3.       In view of the above, presence of respondent nos.1 to 3 is
                      dispensed with unless otherwise directed.

                      4.       Civil Applications are disposed of.

                      5.       List the petitions for further consideration on 06.10.2026.



                                                                     [ROHIT W. JOSHI J.]
         Mujaheed//


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